Marietta v. Cliffs Ridge, Inc.

For reasons presently submitted I cannot endorse the majority opinion. To me it exhibits nothing less than a fast start, by our newly assembled Court, toward the goal of liability without fault for damages caused by any *375wholly fortuitous injury — fatal or otherwise — that is self-inflicted in the course of a voluntarily undertaken dangerous sport. Worse, the Court in this action for negligence has gratuitously assumed to decide — as controlling of final judgment — a question which in the trial court was not pleaded, not tried, not determined by the jury and not submitted to or considered by…